William H. Rehnquist:

The opinion of the Court in No. 89-1817, County of Riverside versus McLaughlin will be announced by Justice O'Connor.

Sandra Day O'Connor:

This case follows from an opinion of the Court handed down in the case of Gerstein versus Pugh where this Court held that the Fourth Amendment requires a prompt judicial determination of probable cause following a warrantless arrest.

The respondent, Mr. McLaughlin, brought this class action suit under Section 1983 against the County of Riverside in California.

The plaintiff's claim that County's policy governing probable cause determinations for persons arrested without a warrant violates the holding in the Gerstein case.

Currently, Riverside County combines probable cause determinations with its arraignment procedures, and it offers the combined proceedings within 48 hours of arrest exclusive of weekends and holidays.

Under this policy, persons arrested without a warrant could spend up to five or six days before receiving a probable cause hearing.

The District Court issued a preliminary injunction requiring that all persons arrested without a warrant be given a probable cause hearing within 36 hours of arrest.

The Ninth Circuit Court of Appeals affirmed holding that the County's policy was inconsistent with our holding in the Gerstein case which the Ninth Circuit Court of Appeals read to require probable cause determinations immediately on completion of the administrative steps incident to arrest.

In the opinion filed today, we hold that Riverside County is entitled to combined probable cause determinations with its arraignment proceedings, but that it must offer those combined proceedings within 48 hours or less following a warrantless arrest.